National Parliaments in an Integrated Europe

by Cygan, Adam Jan

• ISBN13: 9789041116291
• ISBN10: 904111629X
• Format: Hardcover
• Copyright: 2001-12-01
• Publisher: Kluwer Law Intl

Summary

The acquisition of increased powers by the European Parliament has raised the spectre of a 'competition legislature' for national parliaments, and even the threat of a democratic deficit at the national level. At this critical moment it is vital to recognise and reinforce the ways in which the institutions of the European Union are politically accountable to member States. in this profound and revealing analysis of the participation by domestic legislatures in policymaking and legislative processes at the European level, Adam Jan Cygan focuses on the evolving means by which the legislatures of Germany And The United Kingdom are responding To The increased competence of the European Union. This technique allows him to highlight such factors as the following: the procedures of European scrutiny committees in the United Kingdom Houses of Parliament And The German Bundestag; the accountability of national ministers for decisions taken in the European Council of Ministers; the role of sub-national governments, As revealed in both the formal federal system of Germany And The devolved administrations of the United Kingdom, In European affairs; and the continuing impact of Treaty provisions and informal cooperation between member States. National Parliaments in an Integrated Europe clearly demonstrates that, contrary to some prevailing beliefs, national parliaments are not necessarily destined to become mere administrative institutions. In fact, The national initiatives and procedures analysed here reveal a firm commitment to compel the attention of the European Commission And The European Parliament toward national and even sub-national accountability.

Table of Contents

Abstract	ix
Table of Cases	xiii
Preface	xv
Part I - National Parliaments within the EU Treaty Framework
National Parliaments in the European Union	3	(12)
Introduction	3	(1)
Why are National Parliaments Important?	4	(7)
National Parliaments and the European Legislative Process	11	(2)
Concluding Remarks	13	(2)
The Application of the Subsidiarity Principle in the European Union	15	(22)
Introduction	15	(1)
Subsidiarity in the German Constitution	16	(3)
Subsidiarity in the European Union	19	(1)
Subsidiarity in Practice	20	(6)
Application of the Subsidiarity Principle	26	(6)
Concluding Remarks	32	(5)
Part II - Scrutiny of EU Affairs by National Parliaments
Cooperation between National Parliaments of the Member States - The Conference of European Affairs Committees (COSAC)	37	(13)
Introduction	37	(1)
The Functioning of COSAC	37	(6)
National Parliaments after Amsterdam	43	(4)
Concluding Remarks	47	(3)
European Legislation In the House of Commons - The Work of the European Scrutiny Committee	50	(29)
Introduction	50	(2)
The Select Committee's Name	52	(1)
Functions of the Select Committee	53	(2)
The Political, Legal and Constitutional Context of the Scrutiny Process	55	(1)
Terms of Reference	56	(3)
Provision of Documents to the Select Committee	59	(4)
Exerting Influence over Ministers	63	(5)
Debating European Legislative Proposals in the House of Commons	68	(5)
Departmental Select Committees and European Affairs	73	(2)
The House of Commons and the European Parliament	75	(2)
Concluding Remarks	77	(2)
The House of Lords and European Union Affairs	79	(34)
Introduction	79	(1)
The Terms of Reference	79	(6)
European Affairs in a Reformed House of Lords	85	(1)
How influential is the Select Committee?	86	(2)
Objectives of the European Union Committee	88	(3)
The Mechanics of the Scrutiny Process	91	(4)
The Use of Correspondence with Ministers	95	(1)
Membership of the Select Committee	96	(2)
The Staffing of the Select Committee	98	(1)
The Use of Sub-Committees in the House of Lords	99	(5)
The Work of the Sub-Committees	104	(1)
Sub-Committee Membership	104	(2)
Sub-Committee E - Law and Institutions	106	(4)
Concluding Remarks	110	(3)
European Affairs in the German Bundestag - Legal and Constitutional Basis	113	(20)
Historical Development	113	(3)
Constitutional Provisions of the European Union Committee	116	(3)
Secondary Legislation and the European Union Committee - The Law on Co-operation between the Federal Government and the Bundestag in Matters Concerning the European Union of 12 March 1993	119	(1)
The Inter-Ministerial Agreement of 10 November 1995	120	(3)
Rules of Procedure of the German Bundestag - Procedural Principles of the Committee on the Affairs of the European Union	123	(2)
The Federal Constitutional Court Judgment of 12 October 1993 on the Maastricht Treaty for the Work of the Bundestag in the Field of European Policy	125	(8)
Structure, Organisation and Role of the Committee on Affairs of the European Union in the German Bundestag	133	(26)
Composition of the EU Committee	133	(2)
Tasks of the EU Committee	135	(2)
The Two Main Functions of the EU Committee - Information and Control	137	(3)
Parliamentary Scrutiny of the Implementation of EU Directives	140	(1)
Special Rights of the EU Committee	141	(5)
The EU Committee's Working Methods	146	(1)
Policy Fields within the EU Committee's Remit	147	(2)
Attendance of Government Representatives at Committee Meetings	149	(1)
Representatives of Other Institutions	149	(1)
Types of Decision Taken by the Committee	150	(1)
The Committee's Timetable	150	(1)
Public Access to Committee Meetings	151	(1)
The European Affairs Office of the Committee on the Affairs of the European Union - Co-ordination of EU Items	152	(1)
Relations between the EU Committee and the Specialised Committees	153	(1)
International Activities of the EU Committee	153	(2)
Concluding Remarks	155	(4)
Part III - Sub-national Government and European Affairs in the United Kingdom and Germany
Participation by Sub-National Government in European Union Policy and Decision Making	159	(12)
Introduction	159	(1)
Sub-National Government in the Member States	160	(3)
Multi-Level Governance and EU Policy Making	163	(5)
The Committee of the Regions	168	(2)
Concluding Remarks	170	(1)
Participation by the Lander in European Union Affairs	171	(18)
Introduction	171	(1)
The Constitutional Basis of Federalism	171	(3)
The Role of the Bundesrat	174	(3)
Lander Power-Sharing in European Affairs and International Relations	177	(3)
Article 23 Basic Law - The Europe Article	180	(6)
Concluding Remarks	186	(3)
Devolved Government and the European Union - Scottish and Welsh Arrangements for Participating in European Union Affairs	189	(32)
Introduction	189	(1)
Devolution of Government	190	(3)
European Affairs before the Scottish Parliament	193	(7)
Scrutiny by the Scottish Parliament - The Procedure	200	(3)
Scottish Representation at Brussels	203	(2)
Implementation of European Legislation by the Scottish Parliament	205	(2)
European Affairs before the Welsh Assembly	207	(3)
The Intergovernmental Concordats	210	(1)
Concordat on Co-ordination of European Policy Issues	211	(5)
Concluding Remarks	216	(5)
Part IV - The Demise of National Parliaments?
Concluding Remarks: Where Next for National Parliaments?	221	(8)
Introduction	221	(1)
The Challenge for National Parliaments	221	(3)
What Next for the Third Level?	224	(2)
National Parliaments - The Future	226	(3)
Appendices	229	(12)
Bibliography	241	(4)
Index	245